A.
The
intent of this chapter is to establish reasonable and uniform regulations
for the location, development, and operation of adult businesses within
the City. The following objectives have been formulated for adult
businesses to implement the General Plan goals and objectives.
1.
Permit
the establishment of adult businesses in the City in locations which
will minimize negative impacts on community image and which will avoid
creating nuisances among adjacent land uses;
2.
The
purpose of this chapter is not to establish community standards on
obscenity or to restrict free expression, but to provide appropriate
areas where materials or entertainment, which by their content are
appropriate to adults only, can be exhibited without nuisance to those
who may be harmed or offended by exposure to such material or entertainment;
3.
Maintain
neighborhood vitality and economy by preventing a concentration of
these uses in any one area;
4.
Provide
locations for adult businesses which would minimize public view of
the use to residential areas, schools, churches, public parks and
playgrounds, and other areas where minors are likely to congregate;
5.
Adult
businesses shall exhibit the same high standards of site planning,
architecture and landscape design required of all commercial or industrial
developments;
6.
Promote
appropriate exterior design standards which would minimize general
public view of materials or activities which are strictly limited
to adults.
B.
1.
It
is unlawful to own, operate, construct or establish an adult entertainment
establishment, as defined in the Santee Zoning Ordinance, within the
City limits.
2.
Should all or any portion of subsection (B)(1) be declared invalid, then Section 13.28.020(B) of the Santee Municipal Code shall be unchanged and shall remain in full force and effect as it read on December 1, 1985.
(Ord. 566 § 3, 2019)
A.
Permitted Activities. For the purposes of this chapter, the following nonexclusive list of activities as defined in Section 13.28.030 shall be deemed adult entertainment establishments:
1.
Adult
artist-body painting studio;
2.
Adult
bookstore;
3.
Adult
cabaret;
4.
Adult
drive-in theater;
5.
Adult
hotel or motel;
6.
Adult
mini-motion picture theater;
7.
Adult
model studio;
8.
Adult
motion picture arcade;
9.
Adult
motion picture theater;
10.
Adult theater;
11.
Sexual encounter establishment;
12.
Any establishment where specific anatomical areas are displayed or
where specific sexual activities are conducted.
B.
General
Requirements. In order to meet the above stated objectives adult entertainment
establishments may be permitted only on those parcels of land consistent
with the City's housing element, subject to the following restrictions:
1.
No
such business shall be located on a lot within 600 feet of any other
lot on which another adult business is located.
2.
No
such business shall be located on a lot within 600 feet of the nearest
point of a lot on which is located a public or private school, a nursery,
a daycare center, a church, or a public park or playground.
D.
Performance Standards—Exterior Design. The following performance standards shall be applicable to all adult entertainment establishments as defined in Section 13.28.030:
1.
All
building openings, entries and windows from adult entertainment establishments
shall be located, covered or screened in such a manner as to prevent
a view into the interior, from any public sidewalks, streets, arcades,
hallways or passageways, of any material or activity which has as
its primary or dominant theme matter depicting, illustrating, describing,
or relating to specified sexual activities or specified anatomical
areas;
2.
Exterior
advertising and signage which is visible from any public sidewalk,
streets, arcades, hallways or passageways shall not display any material
which has as its primary or dominant theme matter depicting, illustrating,
describing or relating to specified sexual activities or specified
anatomical areas;
3.
Exterior
development shall meet all other development, design and landscape
design requirements of the general industrial zone.
(Ord. 566 § 3, 2019)
means a person who has attained the age of at least 18 years.
means an establishment or business which provides the services
of applying paint or other substance to or on the human body when
such body is unclothed in any "specified anatomical area."
means an establishment having a substantial or significant
portion of its stock in trade, material which is distinguished or
characterized by its emphasis on matter depicting, describing or related
to specified sexual activity or specified anatomical areas.
means a nightclub, bar, theater, restaurant or similar establishment
which regularly features live performances which are distinguished
or characterized by an emphasis on specified sexual activities or
by exposure of specified anatomical areas and/or which regularly features
films, motion pictures, video cassettes, slides or other photographic
reproductions which are distinguished or characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas for observation by patrons.
means an open lot or part thereof, with appurtenant facilities,
devoted primarily to the presentation of motion pictures, films, theatrical
productions and other forms of visual productions, for any form of
consideration, to persons in motor vehicles or on outdoor seats, and
presenting material distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas for observation by patrons.
means a hotel, motel or similar establishment offering public
accommodations for any form of consideration which provides patrons
with closed-circuit television transmissions, films, motion pictures,
video cassettes, slides or other pornographic reproductions which
are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons.
means an establishment, with a capacity of 50 or more persons,
where, for any form of consideration, films, motion pictures, video
cassettes, slides or similar photographic reproductions are shown,
and in which a substantial portion of the total presentation time
is devoted to the showing of material which is distinguished or characterized
by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas for observation by patrons.
This shall not mean a general motion picture theater as defined in
this section.
means any establishment open to the public where, for any
form of consideration or gratuity, figure models who display specified
anatomical areas are provided to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by persons, other
than the proprietor, paying such consideration or gratuity. This provision
shall not apply to any school of art which is operated by an individual,
firm, association, partnership, corporation, or institution which
meets the requirements established in the Education Code of the State
of California for the issuance or conferring of, and is in fact authorized
thereunder to issue and confer, a diploma.
means any place to which the public is permitted or invited
wherein coin or slug-operated or electronically, electrically or mechanically
controlled still or motion picture machines, projectors, or other
image-producing devices are maintained to show images to five or fewer
persons per machine at any one time, and where the images so displayed
are distinguished or characterized by an emphasis on depicting or
describing specified sexual activities or specified anatomical areas.
means an establishment, with a capacity of 50 or more persons,
where, for any form of consideration, films, motion pictures, video
cassettes, slides or similar photographic reproductions are shown,
and in which a substantial portion of the total presentation time
is devoted to the showing of material which is distinguished or characterized
by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas for observation by patrons.
This shall not mean a general motion picture theater as defined in
this section.
means a theater, concert hall, auditorium or similar establishment,
either indoor or outdoor in nature, which for any form of consideration,
regularly features live performances which are distinguished or characterized
by an emphasis on specified sexual activities or by exposure of specified
anatomical areas for observation by patrons. This shall not mean a
legitimate theater as defined in this section.
means a building or part of a building intended to be used
for the specific purposes of presenting entertainment as defined herein,
or displaying motion pictures, slides or closed circuit television
pictures before an individual or assemblage of persons, whether such
assemblage be of a public, restricted or private nature, except a
home or private dwelling where no fee, by way of an admission charge,
is charged; provided, however, that any such presentations are not
distinguished or characterized by an emphasis on the depiction or
description of "specified sexual activities" or "specified anatomical
areas" in that any such depiction or description is only incidental
to the plot or story line.
means a theater, concert hall, auditorium or similar establishment
which, for any fee or consideration, regularly features live performances
which are not distinguished or characterized by an emphasis on the
depiction or description of "specified sexual activities" or "specified
anatomical areas" in that any such depiction or description is only
incidental to the primary purpose of the performance.
means an establishment, other than a hotel, motel, or similar
establishment offering public accommodations, which, for any form
of consideration, provides a place where two or more persons may congregate,
associate, or consort in connection with specified sexual activities
or the exposure of specified anatomical areas. This definition does
not include an establishment where a medical practitioner, psychologist,
psychiatrist or similar professional person licensed by the state
engages in sexual therapy. For the purposes of these regulations,
sexual encounter establishment shall include massage or rap parlor
and other similar establishments.
means:
means:
The fondling or other touching of human genitals, pubic region,
buttocks, anus, or female breasts; or
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy; or
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of
the activities set forth in subdivisions 1 through 3 of this subsection.
(Ord. 566 § 3, 2019)
